When you or a member of your office staff are handed a subpoena for deposition, or receive one in the mail, your initial responses may be "What is this?" and, "What should I do?"
What it is - A subpoena for a deposition is a court order summoning a person to make a sworn statement, at a designated time and place, in a pending legal action. It may also require "the party" to provide copies of business records, documents or other tangible things. If you receive a deposition subpoena as a treating physician, you must either appear at the time and location designated or, by mutual agreement, arrange a more convenient time and location.
What you should do - First, realize that the clock is running! Action is needed or you risk having a court-imposed penalty if the subpoena is ignored. This could include court sanctions in the form of a monetary fine. It could also result in being ordered to appear in court or have your deposition taken at a time and place that are inconvenient.
CAP is here to help. When a notice for a deposition appearance is received, you should call the CAP Hotline at 800-252-0555 the next business day.
Why it is important for you to notify CAP - CAP, your professional medical liability carrier, has an experienced team of professionals standing by to advise you. They can help keep you from becoming involved in the litigation. The Hotline will route your call to the claims department to determine what actions are most appropriate. If the situation dictates, you may be provided with an attorney, a service provided you as a Member of CAP. At no expense to you, the attorney will review the facts and any possible liability exposure you may have and, if necessary, attend the deposition with you.
So remember, if you receive a subpoena for a deposition related to a case wherein you are named as the treating physician, contact the CAP Hotline as soon as possible. The clock is running. A delay could limit CAP's ability to assist you in obtaining the best outcome possible. Once notified, CAP will do everything possible to reduce your involvement and, if possible, eliminate the need for you or your staff to respond.
CAP Hotline - 800-252-0555
If you have questions about this article, please contact us. This information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.